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1991-07-02 Council minutesPage No. 3042 July 2, 1991 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 2, 1991 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Blesener, Cummins, Koch and Smith. AGENDA ADOPTION Ayes: 5 Nays: 0 Ayes: 4 Nays: 0 Abstain: 1 Blesener Councilmember Blesener moved adoption of the revised agenda for the meeting, revised to move items 5d, e, h and i from the consent calendar to the regular agenda. Councilmember Smith seconded the motion. APPROVAL OF MINUTES Councilmember Koch moved approval of the minutes of the June 18, 1991 regular meeting. Councilmember Cummins seconded the motion. CONSENT CALENDAR Councilmember Blesener moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Acknowledgment monthly report b. Acknowledgment monthly report c. Acknowledgment June 25th Plan: of the Code Enforcement for June. of the Fire Department for May. of the draft minutes of the ring commission meeting. d. Approval of a wetlands permit for the Charles Cudd Company to allow construction of a single family home within 84 feet of Warrior Pond at 1875 Warrior Drive. (Case No. 91-21) e. Approval of a wetlands permit for Mr. John Nygaard to allow construction of a deck addition at 766 Marie Avenue to within Page No. 3043 July 2, 1991 forty-eight feet of Spring Creek. (Case No. 91-22) f. Approval of the list of contractors dated July 2, 1991 and attached hereto. g. Approval of the list of claims dated July 2, 1991 and totalling $247,463.34. h. Approval of the temporary assignment of Maria Karels to the classification of Secretary, Step C, at an hourly rate of $11.15 effective July 1, 1991 and continuing until Kim Blaeser returns from maternity leave, and approval of the temporary part-time appointment of Jackie O'Donnell as receptionist, Step A, at the hourly rate of $8.30 effective July 1, 1991 on an as needed basis as determined by the City Administrator. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 WETLANDS POLICY Council acknowledged and discussed a memo from Administrative Assistant Batchelder regarding the public hearing policy for wetlands permits. Councilmember Koch moved to acknowledge receipt of the wetlands hearing policy and to modify the policy to stipulate that waiver of hearing may occur if the applicant has submitted the written consent of the adjoining, immediate property owners at the time of application. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 TREE PLANTING PROGRAM Council acknowledged and discussed a tabulation of bids received for the 1991 tree planting program. Councilmember Blesener moved to award a purchase order to Southview Landscaping for their low bid of $13,625.00. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 Page No. 3044 July 2, 1991 CASE NO. 91 -19, Mayor Mertensotto stated that he asked that SEYMOUR this matter be removed from the consent calendar because he does not feel that variances should be included under consent since public comments are not heard on consent calendar matters. Councilmember Cummins moved to approve a five yard setback variance at 1080 Bwana Court to allow construction of a screened porch on an existing deck. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 MULVIHILL PROPERTY Council acknowledged and discussed a memo PURCHASE from Treasurer Shaughnessy regarding purchase of the Mulvihill family property on T.H. 55. Councilmember Cummins moved to accept the offer from the Mulvihill family for the purchase of their property for $54,000 plus the cost of abstract updating, and to authorize entering into a purchase agreement on that basis. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 FIRE DEPARTMENT Assistant Fire Chief Lerbs was present to APPOINTMENTS introduce three candidates for appointment to the Volunteer Fire Department. He explained that there are currently two vacancies on the Department and that a third will probably occur in mid - August. Assistant Chief Lerbs introduced Scott Henning and Gerald Nelson, Jr., and recommended that they be given probationary appointment effective immediately. He then introduced Kenneth Weisenburger. He explained that Mr. Weisenburger is a past member of the department who had taken a two year leave of absence. Mr. Weisenburger would be on reserve for appointment when the next department vacancy occurs. Councilmember Blesener moved to appoint Scott Henning and Gerald Nelson, Jr. to one year Page No. 3045 July 2, 1991 probationary periods as volunteer firefighters effective immediately. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 HEARING - CASE NO. Mayor Mertensotto opened the meeting for the 91-18, DIVINE purpose of a public hearing on an application from Ms. Diana Divine for minor conditional use permit to allow installation of a 4811 high black vinyl fence within the thirty foot front yard of her corner lot at 1391 Cherry Hill Road. Mayor Mertensotto pointed out that the allowed fence height in front yards is 30". He stated that he is not in favor of black vinyl fencing. Councilmember Blesener stated that there is a case in this area to have a fence to protect a yard as well as to contain children. She pointed out that there is at least one other fence in the front yard in the area, a six foot fence on Wachtler. Councilmember Smith stated that it appears that the fence would go beyond the drainage and utility easement. She asked whether this would present a problem in the future. Public Works Director Danielson responded that it is typical to put fences within the easement areas of back yards. Councilmember Smith informed Ms. Divine that it must be understood that if the application is approved and if the easement must be maintained in the future, the fence will need to be removed. Mr. Dave Hathaway, 1418 Farmdale Road, stated that his property is directly behind the applicant's and that he objects to the fence. He felt that the proposed type of fence is out of character with the neighborhood and that a wood fence would enhance the property. Councilmember Cummins asked if there is a significant amount of chain link fencing in the area. Ms. Divine responded that there is a chain link fence at Wachtler and Wentworth and there is also a wood fence. Page No. 3046 July 2, 1991 Mayor Mertensotto stated that he is concerned about the four foot height for a fence along the public right-of-way. Councilmember Blesener stated that the wood fence on Wachtler generated much objection. She pointed out that the applicant has the right to install the fence without conditional use permit or variance at the 30 foot setback. She pointed out that all the applicant is asking is to put it closer to Wachtler to give he more back yard space. She pointed out that the area is only considered a front yard because it fronts on a street - the area would be considered the back yard if it were not a corner lot. Councilmember Cummins stated that he is not enamored of chain link fencing if there are other alternatives available but that he is sympathetic with those who live on corner lots and have difficulty putting up fencing. He felt that as long as the fence could be installed at the setback he did not see anything wrong with putting it where it the applicant requests it, since it is really a back yard. Ms. Divine stated that she has explored wooden fences but the neighbors did not like the idea of a wood fence because noise bounces off of them. She informed Council that the ditch along Wachtler always fills with water and she wants to protect her children from that hazard, from traffic, and from roaming dogs. She explained that there is a real dog problem in the neighborhood and one of her children is extremely frightened of dogs. She informed Council that her neighbor would like to extend the fence along his property if it is approved. Mrs. Hathaway stated that she never heard any mention of the fence even though her home is behind the Divines'. She stated that she is concerned about her property value and that the proposed fence has a very industrial look. She further stated that she does not feel Ms. Divine should not have a fence, but that she should not install the type proposed. Ms. Divine responded that the Hathaways' dogs have created part of the need for the fence. Page No. 3047 July 2, 1991 Mayor Mertensotto pointed out that the Mn/DOT letter indicates that if the City needs the property for public purposes, it could buy the land from Mn/DOT and acquire the underlying fee, but that the City has no idea of what the appraised value will be. Councilmember Smith asked if the City has the first right to the property after the appraisal. Mayor Mertensotto that the City would first claim on the property if there is a public purpose but would have to purchase the underlying fee from Mr. Birch. Councilmember Cummins stated that he is hard- pressed to see the City purporting that there is a fair future purpose which the City might There being no further questions or comments, Councilmember Cummins moved that the hearing be closed. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 Councilmember Cummins moved to approve a minor conditional permit for installation of the fence at 1391 Cherry Hill Road as proposed in the application and site plan on the basis that if the applicant did not live on a corner lot she could construct the fence without variance or conditional use permit. Councilmember Blesener seconded to the motion. Ayes: 4 Nays: 1 Mertensotto Mayor Mertensotto stated that he voted against the motion because he objects to the height and the black vinyl material. DODD/T.H. 110 Council acknowledged and discussed the FEASIBILITY STUDY feasibility study update for Dodd Road/T.H. 110 intersection improvements. Council also acknowledged a letter from Mn/DOT regarding the status of impending reconveyance of Mn/DOT highway easement to Brian Birch. Public Works Director Danielson stated that a plan has been approved by the Mn/DOT District 9 office and that the next step is to get approval from the central office. As part of that process, the City must put together a funding package to see how much financing Mn/DOT will contribute. A resolution requesting Mn/DOT participation is necessary in order to proceed, however adoption of the resolution would not bind the City to doing the project. Mayor Mertensotto pointed out that the Mn/DOT letter indicates that if the City needs the property for public purposes, it could buy the land from Mn/DOT and acquire the underlying fee, but that the City has no idea of what the appraised value will be. Councilmember Smith asked if the City has the first right to the property after the appraisal. Mayor Mertensotto that the City would first claim on the property if there is a public purpose but would have to purchase the underlying fee from Mr. Birch. Councilmember Cummins stated that he is hard- pressed to see the City purporting that there is a fair future purpose which the City might Page No. 3048 July 2, 1991 want to entertain when Mn /DOT has no interest in the land and the underlying owner does. Councilmember Blesener stated that Council has not seen the plans for the intersection yet. She further stated that she has long been opposed to releasing the right -of -way and that it would be very short sighted to give up any option for improving the intersection. She did not feel that Mn /DOT should be informed at this time that Council is endorsing any plan. Planning Commissioner Dan Tilsen stated that the City has not identified that there is not a future need for the property and that he would hesitate to give the land up. He felt that Council should do whatever possible to encourage Mn /DOT to hold the land, which could possibly be used for open space, a park and ride lot or other transportation uses. Mayor Mertensotto stated that he is concerned that there may be an eventual need to relocate the intersection. Councilmember Cummins moved to table the matter to the next meeting and direct staff to provide Council with the proposed plans for the T.H. 110/149 intersection. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Councilmember Blesener stated that she would like to see the early versions of the design for the intersection which were done as part of the downtown study as well as the current plan. CASE NO. 91 -17, OWENS Dr. and Mrs. Ted Owens were present to request approval of a lot division to allow them to sell 37.5 acres of their 40 acre property at 2455 Delaware Avenue. The Owens' would retain their 2.5 acre homesite if the division is approved. Mayor Mertensotto stated that the Zoning Ordinance requires that any time there is a land split, the resulting parcel must be a minimum of 5 acres. He felt that the applicants should be given the authority to sell the 37.5 acre parcel on the conditions that the Owens lot be platted as Outlot A when the large parcel is platted, that the land always be used for single family residential Page No. 3049 July 2, 1991 purposes, and that all of the assessments against the 40 acres be transferred to the 37.5 acre parcel. Councilmember Blesener pointed out that future access to the 2.5 acre parcel from the 37.5 acre future development has not been discussed. She stated that the owners of the outlot might request further subdivision in the future and felt that access (a stub street) should be provided to the outlot from the northwest or south to the outlot as the surrounding property is developed. Dr. Owens responded that the developer plans to stub in sewer and water from the north. Council asked Dr. Owens to talk to the buyer of the larger parcel about extending either the northerly or westerly cul -de -sac to the outlot for public street access to the parcel. It was also noted that Council is considering the application, without requiring variances, because it is a part of the southeast area plan and therefore special circumstances exist. Councilmember Smith asked if there is any hurry to get the division done now rather than including all of the parcel within the plat. Dr. Owens responded that he has been trying to do this since the 19701s, exactly as it is currently proposed and that he has no involvement with the developer except that they have an agreement whereby utilities will be stubbed to the 2.5 acre parcel. Councilmember Blesener moved, as part of the southeast area development plan, adoption of Resolution No. 91 -37, "A RESOLUTION APPROVING A LOT DIVISION FOR 2455 DELAWARE AVENUE," to allow for the sale of 37.5 acres of the Owens property on the conditions that the Owens property be platted as Outlot A at the time the developer plats the 37.5 acre parcel, that all of the assessments against the 40 acre parcel be transferred to the 37.5 acre parcel and no assessments remain against outlot A, and that the property will always be used for single family purposes. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Page No. 3050 July 2, 1991 CASE NO. 91-20, Council acknowledged an application from HELLER (SUBWAY) Kurt Heller, owner of Subway Sandwiches, for a variance to allow a temporary plastic advertising banner. Mayor Mertensotto stated that he has concern over the request. He felt that Subway is no different from any other merchant in the Plaza and if the application is approved council might be faced with wholesale requests for banners. Councilmember Blesener stated that she feels Council should give Subway some freedom to do what they think needs to be done to draw business. Councilmember Cummins point out that the other merchants have access to signage at the center but because of the Center's agreement with McDonalds, no competing restaurant can advertise on the shopping center's pylon sign, which is located on the McDonalds' property. In this sense, Subway is different from the other stores and Council should recognize that as a hardship. Councilmember Blesener stated that Council should acknowledge the marketing problems in the center and should rely on Subway's management's judgment. She also felt that it is an administrative burden to require them to come back in three months for renewal and Council should allow the banner for a year to see how it is working. Councilmember Cummins felt that it would be appropriate to grant 3-month approval and then grant extensions, unless Council finds the banners objectionable, until such time as a permanent shopping center sign is installed. Council would then only have to grant a three month approval and could give automatic renewals if there are no objections to the banners. Mayor Mertensotto agreed that a three month temporary variance could be granted and then after the three month period could consider renewal for another three months for good cause without requiring submission of a new variance application. Page No. 3051 July 2, 1991 Councilmember Cummins moved to grant a variance to allow a temporary 30 square foot banner sign for three months for Subway. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Staff was directed to bring future extension requests, and associated recommendations, directly to Council on the consent calendar. AIRPORT NOISE Council acknowledged the draft Interactive Planning Group Report, an update from the City Administrator on pending air noise issues, a copy of M.S. Chapter 350 relating to bonding for Northwest Airlines, and a letter from Senator William Belanger. Mayor Mertensotto referred to a letter from Nigel Finney regarding the proposed corridor test. He stated that Mr. Finney has recently informed him that final information on the test application was sent by the local FAA to Chicago on June 27th and that the local FAA anticipates approval within the next two weeks. Councilmember Cummins suggested that copies of the City's resolution calling for inclusion of aircraft noise abatement measures as part of the state's financial assistance package to Northwest Airlines be submitted to all of the MAC members individually to insure that the City's interest that they be made aware of the noise problems. He stated that MSP has more noisy Northwest stage 2 aircraft than all but two or three airports in New York. Administrator Lawell stated that he and Mayor Mertensotto are meeting with representatives of the St. Paul Pioneer Press on July 3rd to discuss air noise issues. With respect to the interactive planning group draft report, Mayor Mertensotto stated that Chair Rockenstein will put together the final group report and the City has been asked to submit the impacts on Mendota Heights and mitigation. He felt that the number of homes projected for potential buy-out should include all of the homes in the immediate proximity, which potentially includes another 75 to 100 homes. He stated that the draft should also use most recent information on average values. The draft could also stated that the added Page No. 3052 July 2, 1991 number could depend on what the residents want. He further stated that another factor is turning radius being a direct factor as to the shape of the noise cone. CENTEX Council acknowledged a report from Public Works Director Danielson and Administrative Assistant Batchelder with respect to consideration of a proposed Centex settlement plan. Administrator Lawell stated that the trial date has been set for July 8th and that in closed sessions Council has refined and set measurable criteria and indicated that if the developer agrees to them Council will consider the proposed settlement plan for the land area south of Mendota Heights Road. Council reviewed the proposed development as compared to the plan denied in August, 1990. He stated that in addition to other criteria, the City is requesting that there be a quality assurance plan relative to quality of construction. Mayor Mertensotto stated that the developer has met the criteria established and has asked that the plan be submitted for Planning Commission hearing. He asked that Council direct the Commission to hold the hearing at their July 23rd regular meeting and that they be charged with submitting a recommendation and comments to the Council on August 6th. He stated that the trial has been set for July 8th and has been held in abeyance to see if settlement can be reached. Also, an application fee was paid in 1990, and the applicant has asked for waiver of fee. Because of the interest that has grown over the development of the property, staff has recommended that an open meeting be held at City Hall on July 18th at 7:30 so that interested residents can ask questions and review the proposed development plan with staff on an informal basis. Councilmember Blesener suggested that the criteria for parks be clarified to define what was agreed would be accommodated in the neighborhood park, and that there should be a trail link between the north and south park areas. She stated that a soccer practice field of a certain dimension should be identified. Page No. 3053 July 2, 1991 Councilmember Smith stated that she is not convinced a ballfield is needed in the north park in the southeast area development and that she would be in favor of having a more passive park. Mayor Mertensotto stated that the land adjacent to Mendota Heights Road,slopes off and that the developer should be made aware that the Council will require the developer to balance the available quantities of fill on the land to be developed such that both the north and south park become useable without the City having to purchase additional Fill. Ayes: 5 Nays: 0 With respect to the second criteria in the memo, Councilmember Blesener asked whether Council wants to suggest that only single family residential be allowed to the east of the power line. It was noted that Council Dr. Owens has agreed to discuss with the developer the extension of either the north or west cul-de-sac to the Owens property for future subdivision of the parcel. Councilmember Cummins moved to authorize that the development plan and criteria established by Council be submitted to the Planning Commission, that the Commission.be requested to hold a public hearing, with two published notices, on July 25th, that the Commission be directed to refer the matter and associated comments and recommendations back to Council for public hearing on August 6th, and that the application fee be waived for the proposed development plan. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Councilmember Smith stated that the grading being done in the Hagstrom, King Park appears to have cut off the trench between two ponds. Staff was directed to look into the matter. Mayor Mertensotto informed Council of a meeting he and the Administrator had with Mr. Virgil McQuay. Councilmember Cummins discussed the recent Citizens League property tax survey which Page No. 3054 July 2, 1991 reports the City in the 90th position and West St. Paul as the lowest tax rate. He reported that in actuality Mendota Heights continues to have the lowest tax rate of the 95 communities in the survey but that the City's placement on the survey was based on information on sales ratios the Citizens League received from the Dakota County Assessor's office which the City Treasurer has indicated are incorrect. Mayor Mertensotto informed the Council that the City of West St. Paul has expressed interest in operating emergency services. ADJOURN There being no further business to come before the Council, Councilmember Koch moved that the meeting be adjourned at 10:50 P.M.- Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: o'clock P.M. 144 thleen M. Swanson City Clerk ATTEST: -elt"Z-D& Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL July 2, 1991 Masonry Licenses Concrete Design Specialties, Inc. D & S Cement Company Excavating Licenses Gallati Excavating, Inc. Jacobsen Excavating & Trucking, Inc. Gas Piping License PremAir Heating General Licenses Colonial Homes, LTD Dun-Rite Roofing, Etc. Eagan Pool & Spa Equipment Supply, Inc. Koppen, Mel-Stucdo,Co. Midwest Builders Olson, Mark D.-Quality Construction Shapes & Surfaces, Inc. Superior siding Valley Pools, Inc. Heating & Air Conditioning Licenses Brian's Heating & A/C PremAir Heating